R v ZAMMIT [1999] NSWCCA 65

Reported Decision : 107 A Crim R 489

New South Wales Court of Criminal Appeal CITATION : R v ZAMMIT [1999] NSWCCA 65 FILE NUMBER(S) : CCA 60003/98 HEARING DATE(S) : 8/4/99 JUDGMENT DATE : 28 May 1999

PARTIES : David John Patrick Zammit JUDGMENT OF : Wood CJ at CL at 1; Ireland J at 174; Kirby J at 175

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70007/95 LOWER COURT JUDICIAL OFFICER : Grove J

COUNSEL : G. Nicholson QC for Appellant R.D. Ellis for Crown SOLICITORS : Patricia White & Associates for Appellant S.E. O'Connor for Crown CATCHWORDS : CRIMINAL LAW - appeals - appeal against conviction - murder and armed robbery.; CRIMINAL LAW - directions to jury - sufficiency of directions on identification evidence - whether trial judge's directions were inaccurate or misleading, or failed sufficiently to identify weaknesses or inconsistencies in that evidence - dangers inherent in identification evidence generally. ; CRIMINAL LAW - directions to jury - refusal to participate in identification parade.; CRIMINAL LAW - directions to jury - evidence led by appellant of him being in gaol at a time of a possible earlier sighting.; CRIMINAL LAW - directions to jury - sufficiency of directions on potentially prejudicial answer to question by witness.; CRIMINAL LAW - verdicts - whether jury's verdict should be set aside as unreasonable or not supported having regard to the evidence.; EVIDENCE - identification - warnings to be given.; EVIDENCE - admissibility - discretion to admit photographs of victim. Evidence Act 1995 (NSW) ss 116, 165(1) Criminal Appeal Act 1912 (NSW) s 6(1) ACTS CITED : Evidence Act 1995 (NSW) ss 116, 165(1) Criminal Appeal Act 1912 (NSW) s 6(1) Evidence Act 1995 (NSW) ss 116, 165(1) Criminal Appeal Act 1912 9NSW0 S 6(1) DECISION : (1) Appeal dismissed; (2) Conviction and sentence confirmed